CHAPTER 2. LIVESTOCK KILLING DOGS
IC 15-20-2
Chapter 2. Livestock Killing Dogs
IC 15-20-2-1
Liability of owner or harborer
Sec. 1. If a dog kills or injures any livestock while the livestockis in the care, custody, and control of the livestock's owner or theowner's agent, the owner or harborer of the dog is liable to the ownerof the livestock for all damages sustained, including reasonableattorney's fees and court costs.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-2
Authority to kill dog injuring livestock
Sec. 2. A person who observes a dog in the act of killing orinjuring livestock may kill the dog if the person has the consent ofthe person in possession of the real estate on which the dog is found.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-3
Losses chargeable to county
Sec. 3. (a) The following losses and expenses are chargeable tothe county in which an attack or exposure occurs:
(1) Damages, less compensation by insurance or otherwise,sustained by the owner of the following stock, fowl, or gamekilled, maimed, or damaged by a dog:
(A) Sheep.
(B) Cattle.
(C) Horses.
(D) Swine.
(E) Goats.
(F) Mules.
(G) Chickens.
(H) Geese.
(I) Turkeys.
(J) Ducks.
(K) Guineas.
(L) Tame rabbits.
(M) Game birds and game animals held in captivity underauthority of a game breeder's license issued by thedepartment of natural resources.
(N) Bison.
(O) Farm raised cervidae.
(P) Ratitae.
(Q) Camelidae.
(2) The expense of rabies post exposure prophylaxis that isincurred by any person who is bitten by or exposed to a dogknown to have rabies.
(b) Damages are not chargeable to a county under this section forsheep except those claims in which individual damage exists or is
shown.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-4
Claim procedure
Sec. 4. (a) A county auditor shall establish procedures inaccordance with the requirements of sections 3(a) and 6 of thischapter by which a claimant may submit a claim to the countyauditor or a designee of the county auditor.
(b) A county auditor who:
(1) receives a verified claim under section 3(a) of this chapterfrom a claimant; and
(2) is satisfied that the claim meets the requirements of sections3(a) and 6 of this chapter;
shall immediately issue a warrant or check to the claimant for theverified amount of the claim. If a county option dog tax adoptedunder IC 6-9-39 is not in effect in the county, a claim under thissection may be paid out of nonappropriated funds. A county auditorwho is not satisfied that a claim meets the requirements of sections3(a) and 6 of this chapter shall promptly notify the claimant.
(c) A person whose claim under section 3(a) of this chapter isdenied by a county auditor may file an action in a court withjurisdiction to determine whether the county auditor acted inconformance with the requirements of this section and sections 3 and6 of this chapter. If the court determines that the county auditorfailed to comply with the requirements of this section or sections 3and 6 of this chapter in evaluating the person's claim, the court mayfashion an appropriate remedy, including an order directed to thecounty auditor to reconsider the person's claim.
As added by P.L.2-2008, SEC.11. Amended by P.L.1-2009, SEC.114.
IC 15-20-2-5
Treatment by own physician
Sec. 5. A person requiring the treatment described in section3(a)(2) of this chapter may select the person's own physician.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-6
Claims; requirements
Sec. 6. (a) An owner desiring to make a claim under section3(a)(1) of this chapter must do the following:
(1) Not more than seventy-two (72) hours after the time of theloss, notify one (1) of the following having jurisdiction in thelocation where the loss occurred:
(A) A law enforcement officer.
(B) An officer of a county or municipal animal controlcenter, shelter, or similar impounding facility.
(2) Not more than twenty (20) days after the time of the loss,report the loss to the county auditor as follows:
(A) Under oath, the owner shall state: (i) the number, age, and value of the stock, fowl, or game;and
(ii) the damages sustained, less compensation by insuranceor otherwise.
(B) In an affidavit, the owner must be joined by two (2)disinterested and reputable freeholders residing in thetownship in which the stock, fowl, or game were killed,maimed, or damaged. The affidavit must state that thefreeholders are:
(i) disinterested; and
(ii) not related by blood or marriage to the claimant.
(C) An appraisal of the stock, fowl, or game that were killed,maimed, or damaged may not exceed the actual cash valueof the stock, fowl, or game. As it applies to ratitae, cashvalue may not exceed the slaughter value.
(D) The owner shall provide verification of the loss by anofficer described in subdivision (1).
(E) Payment for a loss for property owned by a claimant onthe last property tax assessment date may not be paid if theproperty was not reported by the owner for assessmentpurposes at that time.
(b) In addition to the requirements of subsection (a), the claimant,if requested to do so by the county auditor or a person designated bythe county auditor, must grant the right of subrogation to the countyfor the total amount paid on the claim to the claimant by the countyon a form prescribed by the county auditor.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-7
Investigation of location of loss; documentation
Sec. 7. (a) An officer who receives notice under section 6(a)(1) ofthis chapter shall visit the scene of the loss, verify the loss in writing,and mark each killed, maimed, or damaged animal so that the animalcan support only one (1) claim under this chapter.
(b) A person desiring to make a claim under section 3(a)(2) of thischapter must provide the county auditor with documentation that theperson, or a person for whom the claimant is financially responsible,underwent rabies post exposure prophylaxis.
As added by P.L.2-2008, SEC.11.